Huge Gap In Demand & Availability Of Commercial Space Make Many Convert Houses Into Shops

Julie Mariappan | TNN

Chennai: Dental clinics,gas agencies,labs,auditing firms and even call centres are run out of apartments in multi-storeyed residential buildings across the city.Garages,rooms on terraces and even parts of houses are often rented out to businesses without the change in use being reflected in the property tax records of Chennai Corporation.With more people using residential units as commercial space,the local body loses crores of rupees in revenue as they continue to pay residential property tax at lower rates.Colonies in Alwarpet,T Nagar,Adyar,Thiruvanmiyur,Egmore,Perambur,Anna Nagar and Purasawalkam can no longer boast of being purely residential localities.Shanti Colony in Anna Nagar,a residential zone,is a classic example of how norms are thrown to the winds.In just five years,a number of restaurants,clothing stores and sweet shops have come up, says R Varadarajan,a resident.Last year,Kilpauk zone officials identified 40 residential buildings in Shanti Colony that were being used for commercial purposes and brought them under the commercial slab.The huge gap between demand and supply in commercial space leads many people to use residential properties.We receive many enquiries for retail space,but it is hard to find as not many new commercial buildings have come up in the last three years, says H Abdur Ravoof,president,Chennai Real Estate Agents Association.Rents in busy commercial areas range from Rs 80 to Rs 100 per sq ft.So many small and medium scale businesses prefer to lease residential spaces as the rent as well as tax rates are lower.According to officials,the ongoing drive to identify the commercial use of residential space may augment revenue collection extensively.At least 70 tax assessors with a list of 2,000 houses each are on the roads in Kilpauk zone detecting commercial use of residential space.The question that comes to mind though is: Why do such cases of misuse of space multiply as it is the Corporation itself that both classifies buildings as well as issues trade licences Official sources said that licence inspectors do not really take care to note whether a residential property was being used for commercial purposes,even at the time of renewal of licences.Each tax collector has to monitor 5,000 to 7,000 buildings,which is impossible, said a tax assessor,seeking anonymity.Money also plays a role to ensure inspectors look the other way, sources added.The corporation has a sanctioned strength of 86 tax assessors and 50 licence inspectors to manage 6.26 lakh properties in 155 wards.

IN THE KITTY

With more people using residential units for commercial purposes,the local body loses crores in tax every yr No.of residential/commercial properties in city | 6,26,823 Kilpauk,Kodambakkam and Mylapore zones account for more than one lakh properties each From the funds collected by levying property tax,the corporation spends for capital works like stormwater drains,solid-waste management,bridges,street lights and maintenance works a sum of Rs 632.5cr this current fiscal The sum spend on salaries and retirement benefits of the corporation staff during the fiscal is estimated at Rs 412.9cr and Rs 163cr

Chennai: Ten years ago,Minal Kripalani decided to turn the compliments she was receiving about her cakes into money.She started baking at home and her company Just Baked continues to churn out an average of 30 cakes,15 kg of chocolate and 15 Kg of brownies a month.I never thought of getting another place for work as this arrangement was economical, says Minal.Minal is among the many mushrooming entrepreneurs in the city.From yoga,pilates,etiquette and math to jewellery and puppets,theres nothing people arent teaching,selling or making at home.The entrepreneurial spirit seems to be flaring and its no longer infra dig to run a business from your garage or kitchen.The unorganised sector of entrepreneurs is growing, says Vijay Anand,who heads the business incubation centre at IIT.More people are setting up businesses in childcare and catering as they know these areas are more or less tax-free.Most unorganised businesses and services are run on family power the father delivering the food,an uncle buying the butter, he says.Tax lawyer K Vaitheeswaran says most out-of-home entrepreneurs are running businesses that are either not taxable or within the exemption limit.Yoga classes for instance,are taxable only if it makes more than Rs 10 lakh a year.Services like cooking from home are not taxable.Babysitting,which comes under the category pre-school coaching, is excluded from service tax, he says.Though most unorganised entrepreneurs do not come under the service tax bracket,revenue officials say anyone running a business from home has to pay commercial property tax.If they are running a boutique in a 100 sq ft room of their 2,000 sq ft house,they have to pay commercial property tax for that room, says a senior revenue official.The remaining 1,900 sq ft will be taxed at residential rates.But certain businesses such as tuition and yoga classes are exempt, he adds.After the Chennai Corporation announced its drive against commercial use of residential space,no one wants to talk rents or taxes.Any questions about rates at residences turned into shops,parlours and dental clinics are met with silence or mumbles about not really knowing.An owner of a home-boutique says,I have no idea on what basis I am being charged.Im not really making profits so maybe I dont need to pay commercial rates. Another wom-an has turned a 200 sqft car park into a beauty parlour.I dont think anyone will know, she says.Businessman RSS Manian converted his apartment into a commercial space four years ago.Property tax for a 750-sq-ft residence is about Rs 1,500 a year.Commercial tax for the same space is about Rs 3,500 a year,which is not much.But people do not make the change because of the red tape involved.The corporation should make it easier to switch to commercial rates by making electricity,water and drainage part of the conversion package.Right now,you have to fill separate forms and go to separate offices for each,which is a hassle, he says.

Chennai: The Old MLAs Hostel on the Omandurar Government Estate will be pulled down to accommodate a new swanky hostel for members of the proposed legislative council.The pentagonshaped building,costing Rs 37.2 crore,will house 100 apartments,of which 78 would be for MLCs and the rest for guests,said a senior official of the Tamil Nadu Housing Board,which has been entrusted with the task of constructing the new building.The 1.2 lakh sqft hostel building will come up on about 1.36 acres.The building will have 10 floors with two apartments in the stilt for the physically challenged,eight on the ground floor and 10 each on the other floors.The TNHB has prepared a preliminary design with technical assistance from Suresh Kuppusamy,head of the department of architecture,Anna University.The final design is under preparation and is expected to be submitted to the Chennai Metropolitan Development Authority for approval next week.As part of the preliminary works,soil testing would begin on Friday,said the official.As per the design,each apartment will have a bath attached bedroom,an office room,a drawing-cum-dining room and a kitchen,altogether measuring 1,185 sqft of super built-up area.With a view to keeping elected members physically fit,a modern gym will be provided in the hostel.Though it was initially planned as a 12-storeyed building with 120 apartments,chief minister M Karunanidhi downsized it by two floors.The TNHB has been instructed to keep parity even in the size of apartments in the two hostels.All apartments would be fully fitted with furniture,split air-conditioners,cupboards,TV,solar water heater,closed circuit TV,mattresses and steam laundry facility.To tackle frequent power-cuts,100% power back-up facility would be made available by a 160 KV generator set.The occupants of the existing building,opened by former chief minister C N Annadurai on January 5,1968,have been given time till August 31 to vacate,after which,the PWD will demolish it.

Builders accused of selling flats twice, HC orders FIR

TNN, Aug 1, 2010, 12.25am IST

CHENNAI: The Madras high court has directed the Rajamangalam police in the city to register criminal cases against three persons who had developed a housing project but allegedly sold the flats twice by creating false documents.

Justice CT Selvam, allowing the criminal original petitions of P Srinivasulu of Sowcarpet and B Balaji of Villivakkam, asked the inspector of Rajamangalam to register an FIR against A Ramesh, who claimed to be working in the commercial tax department, his wife Hamsalatha and land owner Ekambaram of Villivakkam. "The petitioner has sought a direction to the inspector to register FIR on the complaint dated July 1, 2010 lodged by him. A perusal of the petition and on hearing the submissions of the government advocate, this court considers it fit to direct the inspector to register a case, investigate and act in accordance with law," the judge said.

Earlier, S Prabakaran, counsel for the buyers, submitted that Srinivasulu first paid Rs 3.2 lakh towards the undivided share of land, and then paid another Rs 15.5 lakh on various dates for construction of the flat. Ramesh and Hamsalatha, claiming to possess the power of attorney of Ekambaram, executed the sale deed and agreed to deliver the fully furnished flat in a month.

Similarly, the couple had collected Rs 3.2 lakh from Balaji for the undivided share of land, and then another Rs 12 lakh for the flat. Both Srinivasulu and Balaji had raised housing loans from banks.

The flats are is not ready as yet, as they were yet to be provided electricity and water connection, sump, water tank, drainage, compound wall, gate and other essential amenities. While so, in September 2009, an official from Dena Bank pasted a possession notice on the apartment complex, revealing the fact that the property had already been sold to one Sekar and Vijayalakshmi.

The petitioners rushed to the Debts Recovery Tribunal and obtained stay restraining the bank from dispossessing them. Later, when they lodged a complaint with the jurisdictional deputy commissioner of police, it was forwarded to Rajamangalam police station, which refused to register FIR, on the ground that it was civil dispute.

Prabakaran submitted that besides cheating the prospective buyers of the flats and committing breach of trust, the builders had abused and threatened the buyers.

CMDA seals building

The HinduThe under construction building in Teynampet that was sealed by CMDA on Tuesday. Photo: S.S. Kumar

Chennai Metropolitan Development Authority on Tuesday sealed a building on Anna Salai for violations.

According to a release, the owner of the building bearing old No. 286 and new No. 409, Anna Salai, Teynampet, had obtained planning permission on November 11, 2007, from the Corporation to construct an “existing ground floor plus first floor part and proposed addition of second floor part for the usage of cottage industry in the ground floor and residence with one dwelling unit in the first floor and second floor part.”

In contravention of the approved plan, the owner had constructed a ground plus four floor commercial building which falls under the category of multi storied building. The deviated building involves unauthorised additional floor and violates rules pertaining to Floor Space Index, setback, parking and fire safety.

As part of its efforts to check unauthorised constructions in the Chennai Metropolitan Area, officials of the CMDA locked and sealed the building, the release said.

CMDA seals building

The Chennai Metropolitan Development Authority (CMDA) on Friday sealed a commercial building in Jaffarkhanpet for violations.

According to a press release, the owner of the building, located at 119/3, Jawaharlal Nehru Road, Pari Nagar, Jaffarkhanpet, had obtained planning permission from the Chennai Corporation on August 25 last year for construction of an office building with stilt floor parking plus two floors.

The civic body had issued planning permission after obtaining a no-objection certificate from the Chennai Metro Rail Limited (CMRL). The CMRL had stipulated a specific condition that the applicant should adhere to the set back as shown in the plan.

However, the owner had constructed a commercial building with stilt floor plus ground floor plus three floors in violation of the condition of the CMRL and in deviation to the plan. The CMDA officials locked and sealed the building under the provisions of Section 56 and 57 of Town and Country Planning Act, 1971, the release said.

CHENNAI: In yet another crackdown against violators of development control rules, the Chennai Metropolitan Development Authority on Friday sealed an under-construction multi-storey building on Padmanabhan Street off North Usman Road in T Nagar. The builder had allegedly flouted norms laid down under the Town and Country Planning Act, 1971. The building, coming up at door no. 3 on Padmanabhan Street, is the tenth structure theCMDA has sealed since November 2009. Following an amendment made to the Town and Country Planning Act last year which allowed sealing of premises in the case of violations despite 'stop work' notices, the CMDA sealed five buildings in Anna Nagar and Sowcarpet, two in T Nagar and one each in Tambaram, Anna Salai and Chromepet. The officials said the builder had the permit for constructing a basement, stilt and four floors with eight dwelling units (residential use), but he went on to build five floors for commercial use. This despite warning from CMDA in December last year. The building was getting the final touches when regulatory body sent another notice last month, giving him ample time to set right the violations or else face 'lock and seal'. The builder did not respond to the notices and continued violating the rules. It is learnt that the builder had approached the court to direct Metrowater and TNEB to give water and power connections without getting a 'completion certificate' from the CMDA. Following a court order in 2006, the CMDA has made the certificate mandatory for any property developer to obtain service connections.

Chennai: An unauthorised upcoming multi-storeyed building,sealed by CMDA on Anna Salai near Teynampet junction recently,is in the news for the wrong reason again.The regulatory body has filed a compliant with the police that someone has tampered with the seal and removed the lock,tapes and the notice.After giving time to set right the violations noticed in the upcoming building,CMDA officials sealed the building bearing door number 409 (old no 286),revenue survey number 1433/3,block number 29 of Mylapore village,on July 27.On coming to know of the violations,the member-secretary on behalf of CMDA filed the complaint.In the event of violation,the owner/developer/occupier will be liable for criminal prosecution.This is the first time such violations have been reported, an official told TOI.The property owner obtained planning permission from the Chennai Corporation in 2007 for the construction of ground floor and first floor,besides the proposed addition of second floor.He had originally sought permission to run a cottage unit on the ground floor,dwelling units on the first floor and second floor part.But ground floor and four floors were built for commercial use.Rules such as floor space index,set back,parking and fire safety were also violated,according to CMDA.Meanwhile,Teynampet police inspector Mannar Mannan told TOI that he was yet to receive legal opinion from the assistant public prosecutor to register a first information report.

Chennai:The Chennai Metropolitan Development Authority on Friday locked and sealed an under-construction building on Anna Salai for violation of rules.It is the third building sealed on the arterial road since last year.Following complaints from the public,the CMDA officials with support from Thousand Lights police sealed the building,bearing door number 318.The owner,according to officials,obtained permission from the corporation in May 2009 for the construction of stilt and two floors.However,he constructed the ground and two floors,besides a part of third floor.The building was found to have violated the rules in terms of floors,set back on all sides,floor space index,parking and encroachment onto the street alignment and splay portion.The officials said that after a notice served in November 2009 was ignored,another one,threatening to lock and seal the property,was served in April 2010 asking the builder to revert to the approved plan within 30 days.The developer did not comply with the orders,hence the sealing, an official at the site said.The building is subjected to enforcement under Section 56 (2A) of the Tamil Nadu Town and Country Planning Act,1971.The notice put up at the site warned that no third party may acquire or seek to acquire any interest in the property.Neither the owner nor the developer/occupier may use the premises in any manner or to tamper with the seal of CMDA.In the event of violation,the owner/developer /occupier will be liable for criminal prosecution.

According to officials, the building at plot no. 2, Medavakkam Main Road, Keelkattalai Village, near Madipakkam Coutt Road in Tambaram Taluk was locked and sealed under Sections 56 and 57 of the Town and Country Planning Act, 1971. The entire exercise was carried out with the help of the suburban police.

The owner on March 6, 2009, reportedly obtained permission from the Pallavaram municipality for construction of stilt floor (parking) and ground floor (part) and first floor and second floor (part) building for running a bank-cum-residential building with one dwelling unit. Later, in contravention of the plan, he built ground floor and four floors and part of fifth floor as commercial building.

The CMDA on May 11 issued a notice, asking the owner to set right the defects or be prepared to have the structure locked and sealed. Instead of correcting the errors, the owner applied for permission to regularise the building. This was, however, refused by the CMDA in July.

The building involves unauthorised additional floors and violates rules relating to the floor space index, set-back, parking and fire safety, officials said. Nearly 20 multi-storeyed buildings have been sealed by the CMDA till date, in areas like Anna Nagar, T Nagar, Sowcarpet, Anna Salai and Chromepet. After the Town and Country Planning Act was amended in 2008, the regulatory body started sealing illegal structures instead of demolishing them.

SWIFT ACTION: The building was sealed after the owner failed to take corrective measures

Under-construction building sealed for flouting regulations

TIMES NEWS NETWORK

Chennai: Officials of the Chennai Metropolitan Development Authority (CMDA) on Friday sealed an under-construction multi-storeyed building in Keelkattalai for violation of the development control rules.According to officials,the building at plot no.2,Medavakkam Main Road,Keelkattalai Village,near Madipakkam Coutt Road in Tambaram Taluk was locked and sealed under Sections 56 and 57 of the Town and Country Planning Act,1971.The owner on March 6,2009,reportedly obtained permission from the Pallavaram municipality for construction of stilt floor (parking),ground floor (part),first floor and second floor (part) building for running a bank-cum-residential building with one dwelling unit.Later,in contravention of the plan,he built ground floor and four floors and part of the fifth floor as a commercial building.The CMDA on May 11 issued a notice,asking the owner to set right the defects or be prepared to have the structure locked and sealed.Instead of correcting the errors,the owner applied for permission to regularise the building.This was,however,refused by the CMDA in July.The building involves unauthorised additional floors and violates rules relating to the floor space index,set-back,parking and fire safety,officials said.Nearly 20 multistoreyed buildings have been sealed by the CMDA till date,in areas like Anna Nagar,T Nagar,Sowcarpet,Anna Salai and Chromepet.

More Private Builders Eye Housing Board Flats For Redevelopment Rights Due To Decreasing Open Plots In The City

Jayaraj Sivan | TNN

Lack of adequate open space for housing stock development in the city has led to builders increasingly turning to re-development of old apartments,promoted by the Tamil Nadu Housing Board (TNHB) in the last 50 years.Many organised builders,including Landmark,Ramaniyam,Kgeyes,Nutech,Harmony and GRN,are already in the fast-growing field.It is estimated that in the past five years,about 10% of TNHB-promoted apartments and houses in sizes ranging from 300 sq ft to 1,500 sq ft have been re-developed.Most of these buildings,owing to poor quality construction and lack of proper maintenance,have falling balconies,leaking toilets and walls with seepage.Since old buildings do not have lifts,elderly people face difficulty in climbing steps, said S Sankararaman,who has entrusted the re-development of his apartment on LB Road in Tiruvanmiyur to a private builder.Most owners are aged above 60 years.A sizeable number of them are retired government servants too.Builders are attracted to TNHB buildings because most of them have achieved hardly 1 FSI (Floor Space Index the ratio of land area to the built-up space) and as per the new development regulations of Chennai Metropolitan Development Authority (CMDA),1.65 FSI is achievable.Wherever premium FSI is applicable,the builder can go up to 2.1 FSI.The flat owner gets a bigger apartment (1.5 times to two times the size of the original),some cash in hand and a rent-free apartment to stay till the project is completed.The builder manages a minimum profit of Rs 50 lakh when he re-develops a project with an undivided share of land (UDS) of one ground (2400 sq ft.) As a thumb rule,the price difference between a TNHB flat and a private apartment in a particular locality is 60-100 %.Builders show interest in re-developing TNHB apartments because most of them are in prime locations and abut roads that are at least 60 ft wide.They have the best of transport,drinking water,sewerage and drainage facilities.Secondly,these properties have clear title deeds and are free from litigation,said T Udaya Kumar,MD,Landmark Construction,which has completed re-development of two apartment complexes and is doing another 17 projects at present.Since its inception in 1961 and up to the emergence of private builders in the mid-1980 s,the TNHB played a key role in promoting layouts and apartments in C h e n n a i.The city owes it fully to the TNHB for its expansion on the southern and western directions.In the late 1970s and early 1980s,the TNHB developed several self-sustaining satellite townships like Anna Nagar,K K Nagar,Ashok Nagar,Besant Nagar,Adyar,Shastri Nagar,Tiruvanmiyur and Tambaram.The development included apartments,row houses,duplexes,large group housing and also housing plots with big bungalows catering to low income groups (LIG),middle income groups (MIG) and high income groups (HIG).In the mid-segment,the Board developed housing colonies in Mogappair and Velachery.Though once developed as neighbourhood projects,they form part and parcel of the modern city, said Udaya Kumar.

TRADING RUN-DOWN FOR CLASSY ONES

ECONOMICS OF REDEVELOPMENT OF TNHB APARTMENTS ON RK SHANMUGAM SALAI IN KK NAGAR

Total land area:

7,200 sqft (Three grounds)

Old apartments:

4 apartments,each measuring 862 sqft

Total area of the old apartments:

3,448 sqft

Floor space index (FSI) achieved by TNHB in old apartments:

0.47

Undivided share of land (UDS) per owner:

1,800 sqft

Achievable FSI including premium FSI as per the new development regulations:

2.1

Achievable built-up space for each owners UDS:

3,780 sqft

What the owner gets as his share in the new building:

1,550 sqft plus 20 lakh cash

What the builder gets:

2,230 sqft

Selling price of builders share at 7,000 per sqft:

1.56 crore

Cost of construction at 1,500 per sqft for 3,780 sq ft building:

56.7 lakh

Cost of obtaining premium FSI:

24 lakh

Rental paid to the owner till the project is completed: 15,000 per month;for 24 months:

3.6 lakh

Builders profit ( 1.56cr 1.043 cr):

51.7 lakh

CHANGING FACE: S Sasirekha inspecting her new flat under construction on LB Road.It has replaced a TNHB apartment complex

Chennai: Everyday,N Murugan of Eradamkattalai village,30km from Chennai,carries his son to school on his shoulder.The boy is in Class 3 in a government school in neighbouring Anakaputhur,but to get there one must wade through the dirty Adyar river.So Murugan has no choice but to carry him on his shoulder so that he doesnt get wet he plays the human boat for his son.With a bridge now coming up across the river,Murugans shoulders will soon get rest.Once the bridge is completed in March 2011,thousands of people from Eradamkattalai,Koovur and Gerugambakkam villages can reach the city via the Grand Southern Trunk Road without soiling their feet.For generations,we have been crossing the river by foot to reach the city via Anakaputhur.The bridge will be our lifeline, said Murugan.Being constructed by NABARD and rural roads wing of the state highways department,the Rs 4.7 crore bridge will be 250-m long (including the approach roads at both ends),7-m high and 12-m wide enough for two buses to cross the river at the same time).On Thursday,officials from the Guindy-based Highways Research Station and state highways began pile load testing to assess the strength of the foundation laid beneath the river for the bridge.As part of the test,concrete blocks with a total weight of 340 tonnes (1.5 times higher than the actual load capacity of the bridge of 177 tonnes) are kept above the pile and reading taken every half an hour to see if the pile has gone down due to the weight.Once the HRS give its report,we will proceed further, project engineer M Mohan said.For decades,residents of the four villages have been crossing the river by foot.But during monsoons it is a challenge for the villagers to make it to the city they travel 8km extra via Kundrathur to reach GST Road.

BRIDGING GAP: Work on the Rs 4.7-crore bridge connecting Anakaputhur and Tharapakkam began recently

Chennai: The trend of re-developing old TNHB apartments is growing but the exercise is riddled with hurdles,mostly caused by the original promoter the Tamil Nadu Housing Board.The TNHB has been accused of being reluctant to grant owners a no-objection certificate for redevelopment.Till 2000,it issued sale deeds without properly conveying the rights over the undivided share of land (UDS) to owners.In effect,the buyers own only the footprint of the complexes and have no ownership rights over the thoroughfare,car park and surrounding play area.The Board never even obtained a patta from revenue department while originally developing the land.So,now the owners of TNHB flats dont own a patta,which is necessary for redevelopment.For re-development,the CMDA insists on owners/builders obtaining orientation sketch and NOC from the TNHB and patta from tehsildar.The applicant,who has to produce orientation sketch before revenue officials for patta,first pays 10% of the lands guideline value (running into several lakhs in most cases) for the sketch and NOC.The Board recovered the entire cost of the project land cost,development charges,cost of construction and overheads from the buyers at the time of sale,so there is no justification in demanding more money from the owners.The CMDA should approve projects without insisting on an NOC, said P V Shanmugam,MD,Kgeyes,who has re-developed 12 TNHB projects.The TNHB in the past had filled water bodies and promoted projects over them without reclassifying it as residential land.It is now left to the apartment owners to get it reclassified, said Shanmugam.S Sankararaman,whose apartment in Tiruvanmiyur is being re-developed,says the project,started in May 2008,got delayed because of the TNHB and CMDA delaying NOC and approval.I am very happy about the new building.But I had to wait for a long time, he said.D P Yadav,MD of TNHB,said: It is the Boards decision to insist on NOC and collect money in cases where the UDS is not conveyed. The same Board had decided in August 2009 to do away with issuing NOC for re-development of its apartment complexes.The decision was retracted recently.V Jaggannathan,MD of Ramaniyam,said,Going by the Housing Boards logic,if footprints of the apartment complexes alone have been sold to owners,nobody can enter their house without trespassing Boards land.We have no other option than approaching the court for remedy, he added.

CHECK LIST

All owners should have obtained sale deeds from TNHB Owners should jointly apply for the orientation sketch from the TNHB Owners should jointly apply for patta at taluk office Negotiate collectively with builders who have a good track record Ask the builder to fix the selling price for his share,compare it with other nearby projects As the selling price goes up,land owners share also goes up Make the builder specify time required for completing the project

Corpn To See If Plots Handed Over By Builders Could Be Used To Decongest City

TIMES NEWS NETWORK

Chennai: With the city facing a huge space constraint for parking facilities,the Chennai Corporation has decided to examine the feasibility of using open space reservation (OSR) lands given as gift deeds by private developers to build underground car parks.Lands measuring more than 20 grounds could be used for such facilities,mayor M Subramanian said on Tuesday.We would examine the feasibility of the idea in areas where such projects are badly needed.The ground level will certainly be converted into parks as per development control rules, the mayor said while intervening during the zero hour debate of the monthly corporation council meet.In the past two years,the corporation has taken possession of 76 OSR lands,including 16 last month,that are worth hundreds of crores of rupees.As per development control rules of the Town and Country Planning Act,it is mandatory for builders to reserve 10% of the layout area if the property exceeds 10,000 sq metres.The reserved land should be handed over to the local body through the Chennai Metropolitan Development Authority by way of a gift deed and be maintained as a park thereafter.Last month,according to officials,OSR lands were acquired in Kilpauk,Nungambakkam,Kodambakkam,Saidapet and Mylapore zones,with the total area adding up to 15,342 sqm.The zonal staff are also engaged in conducting field verification to take over OSR lands from developers of at least 96 multistoreyed buildings whose layout area exceeded 10,000 sqm.The permits for these buildings were sanctioned by the corporation in the past few months.The verification will be completed soon and a report would be available in 10 days, Subramanian said.The verification is undertaken to find out the ownership of the OSR lands.Have they been handed over to the CMDA If so,who is occupying it Has it been handed over to any other government department All these doubts will be cleared soon, Subramanian added.At least 650 to 700 grounds of OSR lands are likely to be taken over by the corporation in the near future.During the discussion,Opposition leader Saidai P Ravi said the administration should first take up this proposal on an experimental basis in a few areas.Ravi had alleged during the July meet that the corporation showed lackadaisical attitude in taking over OSR lands.Following this,the corporation machinery led by commissioner Rajesh Lakhoni retrieved 22 grounds of OSR land from a developer called Vijaya Productions Limited.

Creating Space For Vehicles Lands measuring more than 20 grounds could be availed for parking facilities

In two years,the corporation has taken possession of 76 OSR lands

The corporation is conducting verification to take over OSR lands from developers of at least 96 multi-storeyed buildings At least 650 to 700 grounds of OSR lands are likely to be taken over by the corporation in the near future

TIMES NEWS NETWORK SHOWING THE WAY: CMDA and Chennai Corporation demolish encroachments at Kannikapuram near Velachery checkpost on Thursday

Chennai: For officials of the Chennai Metropolitan Development Authority and the Chennai Corporation,Thursday was hectic.Officials of the two agencies along with the police reclaimed government lands in Tiruvanmiyur and Velachery that had been in the hands of private individuals for years.In the morning,tension prevailed on Velachery Main Road after a huge posse of police gathered at a high-rise structure near the Madras Race Club.Senior CMDA and corporation officials had a tough time convincing the developer who had encroached upon the land leased out to the Madras Race Club by the state government.The officials,citing a Supreme Court order,went ahead with the demolition.It is said that the developer had rented out the building to a private car service firm which was using it for car service,store room,ramps to first floor car parking,washing and painting area,besides toilet facilities.The CMDA issued notice in June 2006 but the developer had challenged the notice in the Madras high court.However,the high court upheld the CMDA action in the same year,followed by a ruling by a division bench in July last.The developers special leave petition was also dismissed by the Supreme Court in August last,hence the demolition, CMDA sources said.With the support from the corporations men and machinery,the CMDA authorities pulled down the unauthorised structures and reclaimed the government land.Separately,Mylapore zonal officials of the Chennai Corporation were facing a similar ordeal at Sakthi Nagar in Tiruvanmiyur.The members of the nearby church confronted the civic authorities for taking over 100 metres of passageway,which would otherwise serve as a vital link to the adjoining burial ground,being exclusively maintained by them.The war of words finally ended after the Tiruvanmiyur police intervened, sources said.The zonal office had also served notice to the occupants of a building that encroached upon the passageway.It will be removed shortly, a zonal official said.timeschennai@timesgroup.com

Chennai: A village panchayat president,who granted permission for construction of a private satellite township in Cuddalore district without authority to do so,is likely to be removed from his post.The irregularity was brought to light by an activist through an RTI query.Madhalapattu village panchayat president J Meenakshi,granted sanction for setting up Anugraha Satellite Township with 300 flats in Periyakattupalayam,along the Puducherry-Cuddalore stretch of ECR.Tamil Nadu directorate of Town and Country Planning (DTCP) director Pankaj Kumar Bansal the competent authority to grant sanction to such projects has now directed the Cuddalore district collector to take steps to remove Meenakshi from the post of the panchayat president.The incident came to light after an anti-corruption activist made an application under the Right To Information (RTI) Act.Following the details sought (by the RTI applicant ),officials from our department inspected the area.It was found that the satellite township did not have the sanction from the DTCP as required under section 3(1) of Tamil Nadu Panchayats Building Rules,1997,and hence take steps to remove the panchayat president from the post as she had acted in a manner causing loss to the government, Bansal told the Cuddalore collector in his communication on August 28.He also asked the collector to revoke two resolutions passed by the village panchayat in this connection during September 2007 and October 2008.C Selvaraj of Federation of Anti-Corruption Teams (FACT)-India filed an RTI application last October raising 10 queries,including whether the DTCP had given sanction.As the public information officers reply was incomplete,he filed his first appeal with the appellate authority in DTCP,but was not satisfied with details he got.In March,he moved the State Information Commission stating that the private township was being constructed on 50 acres of land without official approval,but the department had not provided convincing replies.While the commission is yet to pass orders on Selvarajs appeal,the DTCP sent a communication to the collector to take steps to remove the panchayat president from the post.Panchayat president J Meenakshi could not be contacted for reaction.jeeva.pugazvendan@timesgroup.com

CMDA seals building in Anna Nagar

The HinduThe building in Anna Nagar West that was sealed by CMDA on Friday for violations. Photo: K. Pichumani

Chennai Metropolitan Development Authority (CMDA) on Friday sealed a building in Anna Nagar West for violations.

According to a release, the owner of the building – plot No. 3362-W, AF Block, 11th Main Road – had obtained planning permission on December 8, 2008, from the Chennai Corporation to construct “Basement floor (part) as non FSI plus ground floor (cottage industry) plus first floor for residential purpose with two dwelling units.”

In contravention to the approved plan, the owner had constructed a basement, ground and first floors as commercial building with major deviations relating to set back. The building involves violation of usage of building floor space index, set back and parking, the release said. As part of its efforts to check unauthorised constructions in the Chennai Metropolitan Area, officials of the CMDA locked and sealed the building under Section 56 and 57 of Town and Country Planning Act, 1971, the release said.

Chennai: Rapping the Chennai Metropolitan Development Authority (CMDA) for violating an interim order of status quo,the Madras high court has directed it to remove the lock and seal on a commercial establishment in T Nagar.A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan passed the orders on Tuesday,granting relief to Kalanthar Madeena Silks on Usman Road in T Nagar.The textile showroom had purchased the land in 2008,and constructed the building with slight variations from the original sanctioned plan of stilt plus two floors.Violating the building plan,it had converted a portion of the stilt for commercial use,besides using up a portion of the third floor.Still,as against the permitted floor space index of 1.5 times the land size,the petitioner had achieved only 0.9 FSI.After notices were issued by the CMDA,the petitioner had gone on appeal and obtained an interim order of status quo on November11,2009.In spite of the interim order,the authorities had put lock and seal on the premises,where goods worth Rs 4.5 crore were lying.CMDA counsel J Ravindran,however,said the showroom was built in violation of a building approval for constructing a residential complex.Occupation of the building and assessment for property tax would not grant any authorization to the building,he said.The judges,noting that the CMDA ought not to have violated the interim order of status quo,said there was no violation of the interim order on the part of the building owner,who had not added any new construction after the order.Noting that interim orders of judicial and quasi-judicial forum could not be allowed to be undermined,the judges said,and quashed the impugned notice dated May 13,2010.It directed the authorities to remove the lock and seal immediately and put the owner in possession of the property.

Chennai: Adyar,once a pristine locality,is changing.Rampant commercialisation has turned it into a cauldron of activity in which the residents of its various colonies can no longer take pride.With various government enforcement bodies turning a blind eye to the blatant and notso blatant violations of landuse norms,the infrastrucutre envisaged for a residential area has taken a beating.For instance,Kasturba Nagar,Gandhi Nagar,Padmanabha Nagar and Karpagam Gardens categorised as residential zones by the Chennai Metropolitan Development Authority (CMDA) are gradually losing their identity.High-end restaurants,marriage halls,sweet stalls,hospitals and other commercial establishments have intruded into the serene oasis.Roads are choked with heavy vehicular traffic.Vehicles of visitors patronising these commercial buildings are parked haphazardly on the roadside,blocking the flow of traffic and endangering the safety of pedestrians, says Federation of Adyar Residents Associations president P K Gunaseelan.The Chennai Corporation and the CMDA issue planning permits for ordinary and multi-storeyed buildings dont check for usage violations, residents allege.Several inner areas Second and Third Main Road and Second and Third Cross Streets in Gandhi Nagar,First and Third Cross streets in Kasturba Nagar and Besant Avenue Road off Karpagam Garden are now full of business establishments.As per the CMDAs development plans,most of Adyar is a primary residential zone and the Second Master Plan,released in September 2008,doesnt change this.The corporation,keen on property tax,issues trade licences to commercial establishments set up shop in residential buildings.This,according to C Ramakrishnan of Gandhi Nagar,amounts to approving the violation of the CMDAs land-use norms.All efforts by residents of Karpagam Gardens and Gandhi Nagar to get the authorities to act have failed.For instance,trade licence is issued to an individual for a tailoring unit but eventually a big showroom comes up.Officials dont see development control rules before issuing licences.Their aim is revenue collection, said R Vaidyanathan of Karpagam Gardens.There are other problems too.Rows of cars and other vehicles on the roadside and pavements force pedestrians to walk in the middle of the road.I cant imagine taking a walk on Third Main Rroad,which I did till a couple of years ago, says Sheila Sriprakash of Gandhi Nagar.Rapid commercialisation has brought down the quality of life,many complain.According to CMDA sources,the violation of rules has to be checked by the local body.A senior corporation official said a field verification would be done soon in Adyar on land-use violations.Mayor M Subramanian said action would be taken against establishments without trade licences.The residents are also at fault since they rent out their buildings for commercial use, Subramanian pointed out.julie.mariappan@timesgroup.com

TURN FOR THE WORSE: Residents in Adyar complain that the sudden rise in number of highrise commercial buildings is affecting their quality of life

Corpn To Take Over 700 Grounds Of Privately Owned Land Under Open Space Reservation Policy

Julie Mariappan | TNN

Chennai: Continuing with its drive to claim open space reservation lands being held by private property developers,the Chennai Corporation will take over 40 properties spread over 200 grounds in Mylapore and Kodambakkam zones on Friday.As per the development control rules (DCR),a developer who embarks on a housing project in an area of 3,000 sq mt need not earmark open space reservation land.However,if a plot is bigger than 3,000 sq mts and up to 10,000 sq mts,10% of the developing area has to be reserved as open space for public use.He has to hand over gift deeds to the Chennai Corporation through CMDA for further maintenance - public park or playground.Pieces of land would be taken from Velachery Main Road,Mylapore,MRC Nagar near Greenways Road,Saligramam and Virugambakkam,all at one go, a senior corporation official told TOI.They have been under the possession of private land owners for five to ten years,as the regulatory bodies turned a blind eye to the violations.The corporations decision to take over OSR land was taken in the wake of a field survey by the vigilance department with help from CMDA and zonal offices.As many as 100 pieces of OSR land have been identified in various parts of the city.As of now,a majority of these are located in zones like Mylapore (36),Kodambakkam (19),Kilpauk (14) and Saidapet (13).The personnel have identified 701 grounds in areas like Kodungaiyur,Ayanavaram,Villivakkam,Mc Nicholas Road in Chetpet,Nelson Manickam Road,Chinmaya Nagar in Virugambakkam,Avvai Shanmugham Salai,Haddows Road in Nungambakkam,Vadapalani,Kottur Gardens and Sardar Patel Road in Adyar.An official closely associated with the project claimed that land reserved for open space was extensively used for private access and parks developed and maintained by owners were out of bounds for the public.On an OSR land on Velachery-Tambaram Road,the property owner had built a swimming pool and a temple.In some places,the land was used for installing TNEB transformers.

MORE GREEN SPACE FOR THE PUBLIC

AREAS TARGETED

Open space Reservation lands in Mylapore,Velachery Main Road,MRC Nagar near Greenways,Saligramam and Virugambakkam will be taken over on Friday.Field verification is currently underway in areas such as Kodungaiyur,Ayanavaram,Virugambakkam,Kilpauk,Anna Nagar,Choolai,Nelson Manickam Road,Jawaharlal Nehru Salai,Arumbakkam,Haddows Road in Nungambakkam,Saidapet,T Nagar,Vadapalani,Sardar Patel Road in Adyar,Little Mount and Kottur Gardens

THE RULE FOR OSR LAND

As per development control rules,a builder developing a property measuring up to 3,000 sqm need not allocate any OSR land.If the plot is more than 3,000 sqm and up to 10,000 sqm,then 10% of the total extent has to be set aside as OSR and given to corporation through CMDA as gift deed

LAND COMING INTO PUBLIC USE

On Friday,198 grounds will be taken over from 40 properties in Mylapore and Kodambakkam zones The corporation targets close to 701 grounds from 100 properties across the city

Mayor walks through the reclaimed land at Thamarai Tech Park in Chennai (a file pic)

Govt Proposes To Declare 12 Nautical Miles From Coast As Protected Area

R Vasundara | TNN

Chennai: The ministry of environment and forests has put out a new draft of the Coastal Regulation Zone (CRZ) notification 2010 to bring in fishing grounds close to the coast within the ambit of the rule following objections raised by environmental groups and fisherfolk communities against a preliminary draft released in May.The latest additions to the CRZ notification allow for inclusion of 12 nautical miles into the sea from the shoreline as a protected area.This is in contrast to the earlier CMZ (Coastal Management Zone) notification and CRZ pre-draft,in which the zones limit only covered the area beginning from the high tide line to 500 metres on the landward side.The latest draft allows special economic zones comprising solely service industries including IT companies along the coast,while new manufacturing industries and expansion of existing ones remain prohibited.Interestingly,the draft has also given a specific exemption to the proposed greenfield airport at Navi Mumbai.Other changes in the CRZ notification include provision of facilities for fisherfolk like drying units on the shore and special exemptions to the CRZ for Mumbai,Kerala,Goa and the Sunderbans in West Bengal.However,this new draft published last week has evoked mostly negative reactions from coastal communities and environmentalists,especially over exemptions granted to service industries and for construction activity in Mumbai and Goa.According to activists,it opens up the coastline to various forms of commercial activity.However,the inclusion of 12 nautical miles off the coast as a protected zone was well received as it had been demanded for long by groups who felt that any move to conserve the ecology of the coastline was inadequate if it did not include monitoring and regulating of the sea as well for activities that cause pollution.A Ministry of Environment and Forests official,however,said the latest proposals were just part of a draft.Specific procedures or instructions are charted only after the legislation is passed.Stakeholders have time up to November 15 to register their comments on the draft.After that,the government is allowed a period of 300 days to pass it.If it fails to do so,the notification lapses. Several organisations,including the Coastal Action Network and the National Fishworkers Forum,are now holding consultations on their next move to oppose the draft.This will not help sustain the livelihood of the coastal communities, said V Vivekanandan of the National Fishworkers Forum.The only concession they have given is to provide facilities like drying docks and traditional boat building yards.However,exceptions to the CRZ that have been made for Mumbai will definitely wipe out the fisherfolks livelihood there. Environmentalists have also taken up cudgels against the idea of IT firms and other service industries in SEZs being exempt.The notification states,Setting up of new industries and expansion of existing industries is prohibited within the CRZ except for non-polluting industries in the IT field and other service industries... Says Aurofilio Shavinia of PondyCAN,a marine conservation group,The point of the CRZ is to allow only those activities on the waterfront that are dependent on the sea for their sustenance.Between 1991 and 2010,many violations of the CRZ or the CMZ notification have taken place.But,this draft does not mention the action taken against these violators. The draft also allows the setting up and expansion of waste disposal and effluent discharge units for hotels and resorts located in all CRZ areas except for the ecologically sensitive zone,CRZ-I (including mudflats,coral reefs,marshes and nesting grounds).On the other hand,it bans reclamation of land from the sea for hotel and other entertainment activities.Vivekanandan added,In Mumbai,where the CRZ area overlaps with the municipal limits of Greater Mumbai,the notification allows development activities on the waterfront,including housing schemes.They contend that this is because of the huge number of slums on the waterfront.But in reality,they are favouring the builders lobby.Not only will this affect the fishing communities,like the Koliwadas in Mumbai,but they have also overlooked the hazard line in this case.

Chennai: The Tamil Nadu Information Commission has pulled up the Chennai Metropolitan Development Authority (CMDA) for violating the provisions of the RTI Act by suppressing documents relating to an alleged post-facto building plan permission granted to the 12-storied IIT Madras Research Park in Taramani.In a recent order,state chief information commissioner S Ramakrishnan (since retired) and information commissioner G Ramakrishnan said: The commission will uphold the complaint.The member-secretary,CMDA,is directed to file the explanation of the public information officer before the commission within three weeks as to why penalty as per the (RTI) Act should not be imposed upon him. The information commission also sought to know why further action should not be recommended against the CMDAs public information officer for making a false statement that the information sought for was not available.Two years ago,E Muralidharan,a Chennai-resident,had submitted an application to the CMDA under the RTI Act asking if the agency had granted building plan approval to the IIT Madras to construct various multi-storied buildings,including the IIT Research Park,on its campus.Initially,the CMDA responded that the IIT Madras authorities had not filed any application seeking plan permission.Muralidharan said he had learnt that the CMDA had granted post-facto plan approval for the IIT Madras Research Park and sought to inspect the documents to ascertain on what basis the agency had granted the permission.As per the Madras high court ruling,buildings constructed in violation of the CMDA guidelines beyond February 22,1999,cannot be regularised under any circumstances.I wanted to know how the CMDA had granted postfacto approval for the Research Park building which was completed only this year, Muralidharan said.When the CMDA refused to furnish the information,he filed an appeal before the state information commission.At the enquiry,the public information officer,CMDA,stated that no records are available and they have told him (Muralidharan) that no planning permission is required as per Section 49 of Town and Country Planning Act.But there is no such statement in the said Act.It is clear that planning permission is required, the commission said in its order and upheld the appeal.

Mumbai: The Bombay high court has ruled that only blood relations can claim to be heirs and demand a stake in family property.In his ruling on a property dispute,Justice Roshan Dalvi denied a claim by Albert DSouza,saying he did not enjoy the rights of a biological son and hence his petition was dismissed.If the child has no relationship with the deceased by blood,full or half,he would not be entitled to be called an heir and consequently,to succeed to his estate, said the verdict delivered last week but only made public this week.The court was asked to decide the rights of the heirs of one Mary Powell after her death.Marys family,including her late brother Denniss children,claimed a share in her property.Albert,Denniss stepson (second wifes son from her first marriage),filed an application as an interested party in Marys property.Under the Indian Succession Act,a person claiming to be an heir must have a blood relationship with the deceased.For the purpose of succession,a person must be shown to be related to the deceased by full blood or half blood.Indian law says that two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife.They are related to each other by half blood when they descend from a common ancestor but by different wives.The court pointed out that Albert was related only to Denniss second wife by blood.He is not related to his stepfather by blood.He is,therefore,not related to the deceased (Mary) by blood, held the judge.The court referred to Supreme Court judgments,which had said that even under the Hindu Succession Act,stepsons cant get rights of a son.

Chennai: The Chennai Corporation on Sunday reclaimed 52 grounds of Open Space Reservation (OSR) land,worth Rs 200 crore,from 14 places in T Nagar,Teynampet,Virugambakkam and Saligramam,mayor M Subramanian said.As per the development control rules,a developer involved in a housing project in an area of 3,000 sq mt need not earmark OSR land.However,if a plot is bigger than 3,000 sq mt and up to 10,000 sq mt,10% of the area has to be reserved as OSR for public use.It has to be handed over in gift deeds to the corporation through the Chennai Metropolitan Development Authority for maintenance as a park or playground.After officials marked boundaries of 8.5 grounds of OSR land belonging to a private company in Teynampet,Subramanian said the company had been asked to vacate the land within a week.He said the corporation had in the last four years reclaimed OSR lands as well as the corporations lands encroached upon by private parties worth Rs 3,500 crore and set up parks and playgrounds there.Last week,land worth Rs 300 crore was recovered in 26 places in MRC Nagar,Adyar,Tiruvanmiyur,Raja Annamalaipuram,Taramani and Velachery.Tenders have been called to develop parks and playgrounds,Subramanian said.The civic body was inspecting zone 4 and zone 5 to find out OSR lands which had to be reclaimed,he added.On measures being taken in view of the impending monsoon,the mayor said the corporation had discussed the issue with officials of 30 departments.Pointing out that stormwater drains for a length of 600 km were already desilted in the city,he said 100 pumps were being kept ready to pump out water from low-lying areas.Under the Jawaharlal Nehru Urban Renewal Mission scheme,development work,including construction of new stormwater drains and revival of waterbodies were in progress.These projects would cost Rs 1,448 crore,he said.

ON THE JOB: Mayor M Subramanian (middle) inspects papers after corporation officials took over land at Teynampet on Sunday

At one in the afternoon,the trafficchoked Manali highway resounds with vehicular horns,but if you listen closely you can hear a hooting sound above the din of the traffic.Look up and you can see pairs of lesser whistling teals sweeping down over the Manali lake located close by.Surprised by the bird calls You shouldnt be,say residents.This area is,after all,one of the oldest wetlands in the city.Before the Manali Road was laid bisecting the huge water body splitting it into the Manali lake and the Madhavaram lake,it played host to thousands of birds.The two lakes tucked into the neighbouring 200-acre Simpson Estate are the nesting grounds for moor hens,shikras (Little Banded Goshawk),tree pies and many other birds.With over 20,000 water birds sighted at one go,it was little wonder that the Simpson Estate made it to the pages of Wetlands International,a directory on wetlands,in 1995.The Manali lake is the only known breeding ground for the pheasant tail jacana in the city,says V Guruswamy,an environmentalist and an expert on birds.But,sadly,not many pheasant tail jacanas have been spotted here recently,thanks to the mass of water hyacinth encroaching over the lakes,spelling doom for the marine life and the birds that come here to roost.Dumping of garbage and letting of sewage from nearby residential areas into the lake have led to them being highly polluted.The hyacinth have spread upon the water body turning it into a green mass, says R Gunasekaran,a resident in the area.We are seeing fewer birds this year,ahead of the northeast monsoon.Throw in official apathy,and you have all the reasons for the breakdown of a unique ecosystem that has survived for years,say environmentalists.The northeast monsoon is the major breeding season for many birds and the southwest monsoon only a minor one, says KVRK Thirunaranan,founder of The Nature Trust.To support bird life,a water body should be an ideal feeding and breeding ground and a roosting area, he points out.The Simpson Estate served as a breeding ground simply because the two lakes doubled up as a food court for birds,besides offering ample raw material for building nests.The rich green cover in the Estate provided a safe haven and enough material for the birds to build their nests.During incubation,the parent bird builds a breeding patch in order to transfer heat to the embryo.To prevent over-heating,lakes such as the ones on the Simpson Estate are a must, points out P Sivaramamurthy,Simpson Estate manager.But in the last one year,the hyacinth have mushroomed strangulating the marine life in the lakes.Lack of feed in the deteriorating lakes is a major cause for concern, says Guruswamy.Hyacinth reduce the oxygen content of the water body,killing off the fish.This affects the entire food chain.Timely intervention is necessary to save this eco-system, he adds.According to residents,the Manali lake and the Madhavaram lake come under the jurisdiction of the Tamil Nadu University for Veterinary and Agricultural Sciences (TANUVAS),which is responsible for their upkeep.However,when contacted,a top official of TANUVAS refused to comment.We residents have decided to take a representation to TANUVAS requesting funds to clean up the lake as the water bodies fall under their jurisdiction, says Gunasekaran.The birds,however,have not given up on their favourite nesting spot yet.A purple moor hen as well as migratory swallows and common coot were spotted in the Manali lake recently.

Verdant Patch

The Simpson Estate turned into a nesting ground in the 60s after trees were felled in a neighbouring area to make way for a school Madhavaram lake measured around 70 acres decades ago,say residents.It is now down to 40 acres No one knows where cattle egrets breed,but the Estate used to be a pit stop for them during the breeding season en route to Vedanthangal,another hotspot for migratory birds,located near Chengalpet Birds found in the lakes and the two ponds in the Estate include egrets,cormorants,pied bushchat,paradise fly catcher,Indian great horned owl,water and moor hens,pond herons;migratory birds such as black-capped kingfisher from Burma,blyth reed warbler,osprey,ruddy crake,tartars,ashy wren warbler and swallows Simpson Estate officials recall how a Japanese visitor wanted to land his chopper on the Estate and was informed that it would not be possible as it would involve cutting down trees around the breeding ponds.He had to land at Madhavaram and then drive down to the Estate

Chennai: Continuing its crackdown against unauthorised structures,the Chennai Metropolitan Development Authority (CMDA) on Friday sealed an under-construction special building in Neelankarai for violating the development control rules.The regulatory body has so far sealed over 20 multi-storeyed buildings within the city limits.The action by the CMDAs enforcement wing against the building was under Sections 56 and 57 of the Town and Country Planning Act,1971.The building,bearing door no.508,is on Jaishankar Chowdry Street,Kapaleeswarar Nagar,Neelankarai village.Officials said the owner,without obtaining valid permission from the CMDA,began constructing the special building,comprising stilt floor,first floor and a part of second floor.He also raised columns for construction of an additional floor.On receiving complaints,the regulatory body sent a stop work notice in August 2010.The builder,however,failed to reply.Then,in continuation of the previous notice,the authorities sent a notice to seal the building in September.Even that did not evoke a response from the builder.The site lies in an aquifer recharge area,where only ordinary buildings with a maximum plot coverage of 40% and maximum floor space index (FSI) of 0.8 are allowed to be built,officials said.However,the builder constructed the building with a plot coverage of 64% at an FSI of 1.So the structure was sealed with the support from city police personnel, a senior official who was part of the exercise said.timeschennai@timesgroup.com

CRACKING DOWN: The building in Kapaleeswarar Nagar in Neelankarai was sealed on Friday by the CMDA

More than 70 residences in Jeevan Nagar, Thillai Ganga Nagar and Tiruvalluvar Nagar near St Thomas Mount railway station are bound to face demolition any time due to Chennai Metropolitan Development Authority and Metropolitan Transport Project departing from the proposed alignment of MRTS phase II extension.

While CMDA claims that the change is due to the highways department making an alteration during the construction of the inner ring road, residents believe that the alteration is to protect people who have encroached upon the land where the elevated MRTS line was to come up originally.

As per the documents obtained by Deccan Chronicle, the highways department has denied any change in the original alignment.

70 HOUSES TO FACE BULLDOZER FOLLOWING REVISED MRTS ALIGNMENT

Though governartments are point ment departments are pointing fingers at each other for the departure in the proposed alignment of MRTS phase-II extension, from Velachery to St Thomas Mount, it is the more than 70 residences in Jeevan Nagar, Thillai Ganga Nagar and Tiruvalluvar Nagar that are in peril.

They are bound to face demolition any time due to Chennai Metropolitan Development Authority (CMDA) and Metropolitan Transport Project (MTP) departing from the proposed alignment. CMDA claims that the change is due to the highways department making an alteration during the construction of the inner ring road (IRR). As per the documents obtained by Deccan Chronicle, the highways department has denied any change in the original alignment.

During an authority meeting on April 9, 2010, under the chairpersonship of CMDA vice chairperson, the highways department was blamed for deviating from the original alignment recommended by consultant RITES in 1989 and subsequently in 2000. As per the recommendation, the MRTS elevated alignment is supposed to run at the central median of IRR from Velachery up to Thillai Ganga Nagar subway and then deviate from the IRR, crossing the existing rail way lines and afterwards running parallel to the suburban lines. Citing the deviations made by the highways department at the authority meeting on May 28, 2010, MTP proposed a new alignment.

However, a reply for an RTI enquiry from the highways department states that IRR work has been carried without deviation.

Ironically, in a letter to the chief engineer of MTP in March 2010, the membersecretary of secretary of CMDA pointed out that the project should be implemented without any deviation.Nonetheless, MTP and CMDA are planning to go ahead with the changed alignment due to deviations in IRR.

"We believe that the original alignment, that was to go through poromboke land in a flood water canal, was changed to help the encroachers. If the project moves ahead with the revised plans, then more than 70 residences and hundreds of people will get affected. There are people who have been living here for more than 20 years and people who have invested their entire earnings in their property. The government should set up an independent body to investigate the claims of the government bodies before going ahead with the project," said Mr Lakshmi Narasimhan, general secretary of Jeevan Nagar and Thillai Ganga nagar residents' welfare association.

Chennai Metro Rails Central station,the biggest station planned,will take up 40,320 sq ft of land on the premises of Ripon Buildings.While the station will be built underground,the entry and exits with escalators and some other structures will occupy the space overground on the right side of the corporations heritage headquarters building.The land will be formally demarcated as soon as the corporation council gives its nod on Friday.A high-level steering committee led by secretary,municipal administration and water supply cleared the proposal recently.We have plans to provide escalators on the southwest side of Ripon Buildings,besides ancillary buildings on the vacant lands on the southern end, CMRL general manager (public relations) S Krishnamoorthy told TOI.The strip of land between the proposed Metro structure and the compound wall of Ripon Building will also go to CMRL.Planners have made sure that the overground structure will not obstruct the view of the 97-year-old Ripon Buildings,which is undergoing a high-cost restoration.With the Ripon Buildings receiving a large number of visitors everyday,the proposed entry and exits of Metro on the campus could be put to optimum use,said officials.The government has agreed to the plan in principle.Constructions and underground passages would also come up on or near parks at Ashok Nagar and East Club Road,and a vacant land in VOC Nagar in Mannady.The corporation council had in August granted permission to Metro Rail to take up works at Nehru Park on EVR Periyar Salai,Thiru-Vi-Ka Park in Shenoy Nagar and May Day Park in Chindadripet.The agencies are also holding talks to take over 2,067 sq mt of land at B ro a dw ay bus termin u s owned by the corporation.The land is required for connectivity of bus stand with the High Court Metro station.It is the same terminus,where the local body planned to set up an automated multi-level parking system.The corporation and municipal administration department have agreed to provide the land permanently,and the proposal was approved by the steering committee, an official said.In North Chennai,Sriramulu Park near Basin Bridge and a vacant land adjacent to Pachiayappas College will also be taken over by CMRL for construction of stations.Once the works are over,CMRL will restore these parks.

Change of hand

Land strips being taken over for Metro rail stations and passages

Vacant land in Ripon Buildings:

3,747 sq m Entry and exits with escalators and ventilation shafts will come up here

Corpn park,Ashok Nagar:

676 sq m (permanent) and 3,570 sq m (temporary) Park is required for temporary use and very few permanent structure will be put up

Chennai: In a significant development,the Madras high court has directed the Chennai Metropolitan Development Authority (CMDA) to furnish a list of unauthorised constructions in the city and explain the action taken against the violators.The first bench comprising Chief Justice M Yusuf Eqbal and Justice T S Sivagnanam gave the interim directive on a public interest writ petition filed by T Solomon of Choolai.In his petition,Solomon referred to two properties in the locality and wanted the court to direct the authorities to stop the builders and owners from proceeding with the construction.According to him,a builder had obtained planning permission from the Chennai corporation to construct a two-storey building on Vathiar Kanda Pillai Street at Choolai.But the builder was constructing a residential complex extending up to seven floors,he claimed.Noting that 14 dwelling units had been planned on the premises,the petitioner said it would put other residents in the locality to great hardship as they would not be able to enjoy water and drainage facilities.Solomon said he had sent representations to the civic authorities highlighting the issue,but there was no response from them.The construction was continuing unobstructed,he said.The judges,noting that the issue had been brought to their notice and that there appeared that the provisions of the Town and Country Planning Act had been violated by the builders,asked the CMDA to give details of how many such unauthorised constructions had been made by owners /builders in Chennai.The CMDA was also asked to explain as to what action had been taken for demolition of such unauthorised constructions.The reply shall be filed on or before November 12,the judges said,adding that the matter would be taken up for further hearing on November 15.As per a report submitted by the CMDA to the state town and country planning department in July this year,5,000 new building violations had taken place in the Chennai metropolitan area over the past three years.These are cases reported after the cutoff date of July 27,2007,when the state first promulgated an ordinance to protect about 1.7 lakh buildings that had violated building norms in the city after the first regularisation scheme of February 28,1999.Though the state government introduced three more regularisation schemes in 2000,2001 and 2002,all of them were struck down by the high court.Inordinate delay in deciding the fate of old violations and the lackadaisical attitude of enforcement wings of the CMDA and local bodies are responsible for largescale violations continuing unabated.

BUILDING A CASE FOR COMPLIANCE

The Chennai Metropolitan Development Authority has been asked to explain what action it has taken against those not following the rules

The bench said there appeared that the provisions of the Town and Country Planning Act had been violated by builders

According to the petitioner,a builder had obtained planning permission from the Chennai corporation to construct a twostorey building on Vathiar Kanda Pillai Street at Choolai,but was constructing a seven-storey complex instead

Request for new PAN Card or/and changes or correction in PAN data can also be made online through the websites of NSDL or UTITSL.

I would to like to request the income-tax department to change the spelling of my name on my Pan Card from Veerender to Virender.Kindly tell me, whom do I have apply to and what documents are required to be submitted.

Virender Via e-mail You have to use a form called Request for new PAN Card or/and changes or correction In PAN data for changing the spelling of your name.You can download this application from the websites of the incometaxdepartment (http://www.incometaxindia.gov.in) or UTIISL (http://www.utiisl.co.in) or NSDL (http://tin.nsdl.com).After the due processing, you will be issued a new PAN card with updated information.

You will have to affix one recent stamp size colour photograph on the form.Fill the application in block letters in English and preferably with black ink.

Along with this form, you have to submit a photocopy of PAN card or copy of PAN allotment letter. You also have to submit an identity proof and an address proof. The proof in support of changes sought also need to be submitted.

The Income-Tax department has authorised UTI Investor Services Ltd (UTIISL) and National Securities Depository Limited (NSDL) to dispense PAN services from IT PAN Service Centres or TIN Facilitation Centers respectively.Location of these centre in any city may be obtained from local income-tax office or any office of UTI/UTIISL or NSDL in that city or from websites of the Income-Tax department mentioned above. The request can also be made online through the websites of NSDL or UTITSL. The application fee could also be paid online through credit/debit card or net-banking.Once the application and payment is accepted, the applicant is required to send the supporting documents through courier/post to NSDL/ UTITSL.My son is undergoing treatment for Hepatitis "B" in a Hyderabadbased hospital. As per the Income-Tax Act, the exemption limit for this is `40,000 under Section 80DDB. I have been told that if he undergoes treat ment in an approved hospital by the IT department, the total expenditure is exempted for the specified diseases like cancer and others. This hospital is covered under the central government health scheme. Kindly guide me.

THOUSANDS LIVE ON PROTECTED 2,000-YEAR-OLD MEGALITHIC SITES IN KANCHEEPURAM,TIRUVALLUR DISTRICTS

Julie Mariappan | TNN

Chennai: They blame their plight on official apathy.Scores of families living on properties in Kancheepuram and Tiruvallur earmarked as protected sites by the Arachaeological Survey of India (ASI) are living in fear,uncertain when the hammer will fall on them.A recent amendment to the Ancient Monuments and Archaeological Sites and Remains Act,1958,not only prohibits them from making alterations or carrying out renovations to their houses located on these 2000-year-old megalithic sites,but could also ensure their eviction from the sites that could prove a rich source of historical information about an ancient culture.Residents say that officials did little to stop construction in the area and they themselves had been ignorant about the heritage laws until a few months back.The residents are now thronging the offices of ASI,Chennai circle,and the commissionerate of archaeology in the city with petitions.I want to construct a house in our plot.I was told to get a noobjection certificate,but I am not aware whom to approach, said S M Ajmal Hussain,a resident of Kilambakkam near Urapakkam.Residents feel that with the elections round the corner,officials and politicians are maintaining a stoic silence.Several hundreds of residents who could not afford housing in the city and had moved to the southern suburbs a decade ago and built houses with their meagre earnings are now in a state of distress, said V Santhanam,president,Federation of Civic and Welfare Association of Pallavaram.People are worried that one morning they might be thrown out of their homes, he said.In many areas,residents welfare associations are resorting to protest programmes over what they call official lethargy in explaining about such a draconian law.In fact,the last amendment to the act makes it clear that constructions are prohibited in these areas and residents could well face evictions if the state decides to act.While the amended act was notified in March this year,local body officials informed the residents in the last few months.Today,these people can neither sell their land nor build near the protected sites coming under the ASI,despite holding valid land deeds and plan permits from the local bodies CMDA.The residents blame officials for sanctioning the building plans.We were shocked when we were informed about such a law.Officials are to be blamed for the mess, G Murugan,a councillor of Sembakkam town panchayat,told TOI.Anyway,who is bothered about ancient burial sites The state has to first take care of our welfare, he said.The act is nothing new.We have sent repeated reminders in the past to the local bodies concerned about the illegal constructions near the protected areas.But constructions continue to take place, Sathyabhama Badreenath,superintendent archaeologist,ASI,Chennai circle,told TOI.The law was framed to ensure right ambience around the monuments which are centres of heritage tourism,she said.

PAST HAUNTS PRESENT

What is a megalithic site

There are around 160 megalithic sites in Kancheepuram and Tiruvallur dating between 2nd century BC and 2nd century AD.Urn burials,stone circles,dolmens,cists,cairns (stone mounds) and sarcophaguses (stone coffins) are believed to be beneath the sites

Why is it important to preserve the areas

The sites help uncloak the socio-cultural activities of the stone age.It allows multi-disciplinary research on habitations of ancient civilisation,which thrived near hillocks and water bodies.In a joint research with Anna University,the ASI excavated urn burials last year in Kancheepuram

Why did govt allow constructions when laws to protect the sites were enacted two decades ago

The planning and regulatory bodies of the state were unaware of the existing law

Where are these sites located

There are 24 megalithic sites notified by the ASI in Chennai Metropolitan Area at Nandambakkam,Erumaiyur,Kundrathur,Nandampakkam,Sirukalathur,Sikarayapuram,Kadaperi,Tiruneermalai,Ayyanchari,Kilambakkam,Nanmangalam,Sembakkam,Nedunkundram,Ottiyambakkam,Pallavaram,Perumbakkam,Sithalapakkam and Perungulathur.Also,urn burials and megalithic sites of St Thomas Mount,sarcophaguses and urns and traces of megalithic sites of Tirusoolam have been notified by the ASI

UNLUCKY LOT: A residential cluster in Zameen Pallavaram is sitting on a megalithic site (left).Buildings around an historically important site in Sembakkam (below)

Chennai: They have their cake but cant eat it.That is what at least 5,000 residents of Sembakkam,a suburb near Tambaram,feel after the local body freezed the sale,construction and alteration of land and residential properties lying within sniffing distance of megalithic sites.The residents,who invested their life-long savings in the relatively cheaper suburb a decade ago,are now staring at dead asset.N Chandrasekaran,a government employee and resident of Sembakkam,says,I purchased a property in 1990s and my whole savings went into building this house.My family is having sleepless nights after coming to know of the ban on constructions and reconstruction in my locality,which has been labelled as prohibited. The amendment to the Ancient Monuments and Archaeological Sites and Remains Act was made in 1992,pausing constructions in Sembakkam.The ASI notification says 164.47 acres in survey number 157 in Sembakkam have megalithic sites with historic heritage features buried in the ground.The residents are seething at the official machinery for keeping them in the dark all these years or for not flagging their applications when permissions for construction were sought.Its no fault of mine.The officials who cleared our plan permits are solely responsible for all this mess, says Chandrasekaran.The cloud of eviction or demolition looms large over residents of Sembakkam,Samraj Nagar,V G P Pon Nagar,Balaji Avenue,M F Nagar,Tirumoorthi Nagar,Jayendrar Nagar,Tharakeswari Nagar,Soundarya Nagar,Eswari Nagar,Palaniappa Nagar and Santhanammal Nagar.According to J Sundaramurthy,a retired PWD official and a resident of Samraj Nagar,The state cant wish away the situation when the plan sanctions were given by the local bodies and Chennai Metropolitan Development Authority.Sundaramurthy and Chandrasekaran are among those who moved to the suburbs after the city property prices skyrocketed in the early 90s.And a chunk among the residents are retired government employees who built houses with loan from the state government.Does it mean,the state funding agency failed to look into the existing law that froze constructions in the protected areas asks K Venkatasubramanian,a retired staffer of Tamil Nadu Small Industries Corporation (TANSI).The ASI bogey has already sacred the life out of real estate industry in Sembakkam.The town panchayat has stopped sanctioning new plan permits for constructions,reconstruction or alterations in the prohibited and regulated area.M Venkatesan,executive officer of Sembakkam town panchayat says,We were not aware of the existing law until a communiqu from the ASI,Chennai Circle intimated about the law.If there had been any reminders in the past,certainly such developments would not have taken place. julie.mariappan@timesgroup.com